Shacheendra Dwivedi, J. -- 1. The petitioner has preferred this petition under section 438 Cr.P.C. which raises the important and thought provoking issue whether once an application for the grant of anticipatory bail of an accused has been dismissed by the Court, his second application for the same relief would not be entertained by the Court as being not maintainable.

2. The petitioner had filed an application before the Sessions Judge, Gwalior, for the grant of anticipatory bail under section 438 Criminal Procedure Code (for short the 'Code'), but before the Court could examine the merits of the case or comment there upon; he wanted his application to be dismissed as not pressed and it was, therefore, dismissed as such, when the petitioner thereafter moved second application for the grant of anticipatory bail with some more details, the application was dismissed by the learned Court below merely on the ground that the application being the second one was not entertain able or maintainable in view of a single Bench decision of this Court in Ramsewak Sharma v. The State of M.P. (Misc. Criminal Case No. 4109/92). The issue is one which falls under Chapter XXXIII of the Code. "